Meeting Your Legal Needs With
Compassionate Expertise

Things to remember before taking your case to court

On Behalf of | Sep 22, 2017 | Blog |

There are many people who are disappointed when the estate of a loved one is carried out. Someone may have received property that they expected to get, and it can cause issues that result in litigation between the parties.

We wanted to discuss some important things to keep in mind about estate litigation. Many people focus on the problems and not the solutions to the problems, which in the end, only makes things much harder to resolve. By taking the time to think about your case and consult with an experienced attorney, you can put yourself in a much better position toward achieving your goals.

Is the property worth fighting over?

This may be an item that has extreme sentimental value to you, and you are very upset that it was given to another person in the will. While it may be important to you, you need to think about the big picture. What is the actual value of the property? Is it worth going to court over? Litigation is expensive, and if you are fighting on principle, you could be making a poor decision that leaves you in a difficult place financially.

If it is an asset that is worth fighting for, be ready to have to take your case to trial. The other party may feel just as attached to the item and willing to do whatever it takes to keep it in their possession.

Is litigation the right step to take?

In some situations, there are easy solutions available. Trades and exchanges can be made that leave both sides happy with the outcome. You may need to demonstrate your willingness to go to trial in order to get a deal; it really depends upon what is happening in the case. An experienced lawyer can help you develop a strategy that is focused on your needs.

This could cause lasting family problems

Emotions are going to run very high if this is a dispute between family members or close loved ones. If you bring this case forward, know that it will change the relationship that you have with these individuals. They most likely will strongly disagree with your claims, and fight you each step of the way.

For this reason, you really need to talk to an experienced attorney about your case. Your attorney can explain what sort of options you have and propose potential solutions that reduce the conflict that may arise between the participants.

In the event that your case goes to trial, your attorney can provide you with advice about the steps that you need to take to keep things moving forward in a positive direction. This can go a long way toward preventing you from making emotional decisions that can have a negative impact upon your case.

FindLaw Network

Our Practice Areas

Estate Planning

Estate Planning

Probate And Trust

Probate and Trust

Real Estate

Real Estate